Acceptable Use Policy
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POLICY NO. 2302
Introduction
This Acceptable Use Policy (the “Policy”) outlines the terms and
conditions for using RIVR TECH’s Services. You agree to abide by this Policy by
accessing and using our Services. Services must be used in a manner consistent
with the intended purpose of the Services and the terms of the applicable
agreement with RIVR TECH. If you do not agree with any part of this Policy, you
should refrain from using the Services.
By using Service(s), you, Customer, agree to comply with this
Acceptable Use Policy and to remain responsible for your use and the use of any
Customers under your control.
Purpose of this AUP
The purpose of this Policy is to ensure a safe, respectful, and lawful
online environment for all Customers of the Services. This Policy governs the
use of the Services, including all content, features, and usage of the
Services.
The Service may only be used for lawful purposes for your individual use.
You agree to use responsible Internet practices, including, without limitation,
using computer security and anti-virus protections, to ensure that unauthorized
third parties do not gain access to your computer or computer network or the
Service.
Prohibited Activities:
General Prohibitions:
RIVR TECH prohibits the use of the Services in any way that is unlawful,
harmful to, or interferes with the use of RIVR TECH’s network or systems, or
the network of any other provider, interferes with the use or enjoyment of
services received by others, infringes intellectual property rights, results in
the publication of threatening or offensive material, or constitutes
SPAM/E-mail/Internet abuse, a security risk or a violation of privacy.
Unlawful Activities:
Services shall not be used in connection with any criminal, civil, or
administrative violation of any applicable local, state, provincial, federal,
national, or international law, treaty, court order, ordinance, regulation, or
administrative rule.
Violation of Intellectual Property Rights:
IP Service(s) shall not be used to publish, submit/receive, upload/download,
post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or
store any content/material or to engage in any activity that infringes,
misappropriates or otherwise violates the intellectual property rights or
privacy or publicity rights of RIVR TECH or any individual, group or entity,
including but not limited to any rights protected by any copyright, patent,
trademark laws, trade secret, trade dress, right of privacy, right of
publicity, moral rights or other intellectual property right now known or later
recognized by statute, judicial decision or regulation.
Threatening Material or Content:
Services shall not be used to host, post, transmit, or re-transmit any
content or material (or to create a domain name or operate from a domain name)
that harasses or threatens the health or safety of others. In addition, for
those Services that utilize RIVR TECH provided web hosting,
RIVR TECH reserves the right to decline to provide Services if the content
is determined by RIVR TECH to be obscene, indecent, hateful, malicious, racist,
defamatory, fraudulent, libelous, treasonous, excessively violent, or promoting
the use of violence or otherwise harmful to others.
Customer Responsibilities:
Customers are responsible for any use or misuse of the Service that violates
this AUP, even if it was committed by a friend, family member, or guest with
access to your Service account. This includes responsibility for the content of
any material posted, hosted, downloaded/uploaded, created, accessed, or
transmitted using the Services.
Customers are also solely responsible for the security of any device
connected to the Service, including any data stored or shared on that device.
It is the Customer’s responsibility to secure the customer’s equipment and any
other premises equipment or programs not provided by RIVR TECH that connects to
the Service from external threats such as viruses, spam, botnets, and other
methods of intrusion.
RIVR TECH takes no responsibility for any material created or accessible on
or through the Services and will not exercise any editorial control over such
material. RIVR TECH is not obligated to monitor the Services but reserves the
right to do so.
Security Violations:
Customers are responsible for ensuring and maintaining the security of their
systems and the machines that connect to and use Service(s), including
implementation of necessary patches and operating system updates.
Services may not be used to interfere with, gain unauthorized access to, or
otherwise violate the security of RIVR TECH’s (or another party’s) server,
network, network access, personal computer or control devices, soware
or data, or other system, or to attempt to do any of the foregoing. Examples of
system or network security violations include but are not limited to:
• unauthorized monitoring, scanning or probing of network or system or any
other action aimed at the unauthorized interception of data or harvesting of
e-mail addresses;
• hacking, attacking, gaining access to, breaching, circumventing or testing
the vulnerability of the user authentication or security of any host, network,
server, personal computer, network access and control devices, soware
or data without express authorization of the owner of the system or
network;
• impersonating others or secretly or deceptively obtaining personal information
of third parties (phishing, etc.);
• using any program, file, script, command or transmission of any message or
content of any kind designed to interfere with a terminal session, the access
to or use of the Internet or any other means of communication;
• knowingly uploading or distributing files that contain viruses, spyware,
Trojan horses, worms, time bombs, cancelbots, corrupted files, rootkits or any
other similar software or programs that may damage the operation of
another’s computer, network system or other property, or be used to engage in
modem or system hi-jacking;
• engaging in the transmission of pirated soware or violating
intellectual property laws;
• providing guidance, information or assistance with respect to causing
damage or security breach to RIVR TECH’s network or systems, or to the network
of any other IP Service provider;
Spam/E-mail/Usenet Abuse:
Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating
e-mail services, constitutes a violation of this AUP. SPAM/E-mail abuse is
prohibited using Services. Examples of SPAM/E-mail abuse include but are not
limited to the following activities:
• sending multiple unsolicited electronic mail messages or
“mail-bombing” – to one or more recipient;
• sending unsolicited commercial e-mail, or unsolicited electronic messages
directed primarily at the advertising or promotion of products or
services;
• sending unsolicited electronic messages with petitions for signatures or
requests for charitable donations, or sending any chain mail related
materials;
• sending electronic messages, files or other transmissions that exceed
contracted for capacity or that create the potential for disruption of the
company’s network or of the networks with which he company interconnects, by virtue of quantity, size or otherwise;
• using another computer, without authorization, to send multiple e-mail
messages or to retransmit e-mail messages for the purpose of misleading
recipients as to the origin or to conduct any of the activities prohibited by
this AUP;
• using IP addresses that the Customer does not have a right to use;
• sending messages that are harassing or malicious, or otherwise could
reasonably be predicted to interfere with another party’s quiet enjoyment of
the Services or the Internet (e.g., through language, frequency, size or
otherwise);
• using distribution lists containing addresses that include those who have
opted out;
• sending electronic messages that do not accurately identify the sender,
the sender’s return address, the e-mail address of origin, or other information
contained in the subject line or header;
• falsifying packet header, sender, or user information whether in whole or
in part to mask the identity of the sender, originator or point of
origin;
• using redirect links in unsolicited commercial e-mail to advertise a
website or service;
• intercepting, redirecting or otherwise interfering or attempting to
interfere with e-mail intended for third parties;
• using, distributing, advertising, transmitting, or otherwise making
available any software program, product, or service that is designed to
violate this AUP or the AUP of any other Internet Service Provider, including,
but not limited to, the facilitation of the means to spam.
Enforcement and Notice:
In most cases, RIVR TECH will notify Customers of complaints received by
RIVR TECH regarding an alleged violation of this Policy. You agree to promptly
investigate all such complaints and take all necessary actions to remedy any violations of this
Policy. RIVR TECH may inform the complainant that you are investigating the
complaint and may provide the complainant with the necessary information to
contact you directly to resolve the complaint.
RIVR TECH nevertheless reserves the right to take down any material―or
otherwise block access to―created or accessible on or through the Services and
suspend or terminate any user creating, storing, or disseminating such material
where RIVR TECH becomes aware that the material violates this AUP and/or
exposes RIVR TECH to civil or criminal liability, including without limitation,
under applicable copyright laws. RIVR TECH reserves the right to avail itself
of the safe harbor provisions of the Digital Millennium Copyright Act
https://www.copyright.gov/legislation/dmca.pdf.
RIVR TECH reserves the right to act immediately and without notice to
suspend or terminate affected Services in response to a court order or
government notice that certain conduct must be stopped, or when RIVR TECH
reasonably determines that the Customer’s use of the affected Services may: (1)
expose RIVR TECH to sanctions, prosecution, civil action or any other
liability; (2) cause harm to or interfere with the integrity or normal operations
of RIVR TECH’s network or networks with which RIVR TECH is interconnected; (3)
interfere with another RIVR TECH Customer’s use of Services or the Internet;
(4) violate any applicable law, rule or regulation; or (5) otherwise present an
imminent risk of harm to RIVR TECH or RIVR TECH Customers.
RIVR TECH shall cooperate with legal authorities and third parties in the
investigation of any alleged wrongdoing related to this AUP, including the
disclosure of the identity of the User that RIVR TECH deems responsible for the
wrongdoing. RIVR TECH will not be liable for any damages of any nature suffered
by any User or any third party resulting in whole or in part from RIVR TECH’s
exercise of its rights under this AUP.
Updates to this AUP
RIVR TECH reserves the right to change or modify the terms of the AUP at any
time. Changes shall become effective when posted on RIVR TECH’s website, and
continued use of the Services after updates shall constitute acceptance of any
new or updated terms.
Any notification that RIVR TECH sends to its customers pursuant to this AUP
will be sent via e-mail to the e-mail address on file with RIVR TECH or may be
in writing to the Customer’s address of record. It is the Customer’s
responsibility to promptly notify RIVR TECH of any change of contact information.
Responsibility:
All employees are responsible for abiding by the provisions of this
policy.
The President & CEO is responsible for the administration and
enforcement of this policy.
The Board of Directors shall be responsible for any change or revision to
this policy.
Adopted: Minutes of November XX, 2023
Approved: Elaine O. Chavis, Secretary